§ 2-4-12. Conflict of interest of officers and employees.

A.

No elected or appointed official of the city, nor any person appointed to any board or commission, nor employee of the city, shall make, participate in making, or use his or her official position, to influence a city government decision in which he or she knows or has reason to know he or she has any financial interest. No member of the city council shall for a fee or other valuable consideration represent or make application for any person other than himself or herself before the city council, or any other fact-finding or quasi-judicial tribunal, board or commission, whose members are appointed or approved in whole or in part by the council, or any elected or appointed official over whose budget the council has approval authority on any matter, nor shall any member participate in any vote or discussion on a matter in which such member has a financial interest; nor shall any such councilmember engage in discussion with any member of the particular board or commission or its staff relative to such proposed matter prior to final disposition thereof; provided, however, that, if a councilmember is the sole owner of property involved in any such matter, he or she shall not be precluded from communicating to the appropriate staff such information as is usually and reasonably required of a property owner in such a matter; provided, further, that, the prohibition or prohibitions herein as to representation or application shall apply only to the prohibited person and not to any partner or associate of any partnership, association or corporation of which the prohibited person is a member, officer, director or shareholder so long as the prohibited person does not receive a part of the fee or valuable consideration, and so long as the prohibited person recuses himself or herself from discussion and vote.

B.

No member of the city council, elected or appointed official, or employee of the city shall present or allow to be presented any matter involving property in which such person has an ownership interest before the city council or any fact-finding or quasi-judicial tribunal or board or commission, whose members are appointed or approved in whole or in part by this council without first publicly declaring that he or she has an ownership interest on the face of the written application or petition concerning such property or by a separate written statement if no written application or petition is required, and such person shall abstain from voting on or discussion of any subject matter in which he or she has such an ownership interest.

C.

No member of the Memphis and Shelby County Land Use Control Board or the Memphis and Shelby County Board of Adjustment shall directly make application for rezoning or for exceptions to or variations from zoning requirements for any person other than himself or herself before such board. Nor shall any member participate in any vote or discussion on a matter in which such member has a financial interest; nor shall any member engage in discussion with any member of the staff of the commission or board of which he or she is a member relative to such proposed matter prior to final disposition thereof; provided, however, that, if such board or commission member is the sole owner of property involved in any such matter, he or she shall not be precluded from communicating to the appropriate staff such information as is usually and reasonably required of a property owner in such a matter.

D.

Willful and knowing violation by an elected official shall constitute official misconduct and violation by an appointed official or employee shall be grounds for removal or discharge; provided, however, that, no action shall be taken for removal or discharge or as official misconduct, except in accordance with provisions of the ordinances relating to civil service or with provisions of the Charter of the city providing for suspension and appeal and trial of such suspension before the city council; the accused being entitled to be furnished written charges and specifications as to the offenses charged, and with the right to be defended by counsel, cross-examining the accuser, and his or her witnesses, and to present evidence on his or her own behalf. Violation of any of the provisions of this section by any elected or appointed city official, any person appointed to any board or commission, or employee of the city, shall constitute official misconduct and shall be further punishable as a misdemeanor, and, upon conviction thereof, such person shall be subject to punishment as provided in section 1-24-1 for each day which passes from the date a violation occurs until disclosure thereof is made by the offending party. Each day shall be considered a separate offense; provided that, the fines for any one offense shall not exceed $1,000.00.

E.

The city attorney and/or the comptroller shall annually bring to the attention of all elected or appointed officials of the city and members of all boards and commissions the contents of this section and shall emphasize the highlights thereof. The city attorney shall draw up a list of hypothetical conflicts, which list shall serve as examples only and in no way be inclusive of all possible conflict situations.

(Code 1967, § 2-31; Code 1985, § 2-42; Ord. No. 2168, §§ 2—4, 11-12-1974; Ord. No. 2866, §§ 1—3, 5-8-1979)

State law reference

Disclosure statements of conflicts of interests, T.C.A. § 8-50-501 et seq.